ratifications of the acts by which Sweden and Denmark shall ac cede to the present treaty.

Article X. The present convention shall be ratified by the two contracting parties, and the ratifications exchanged, at St. Petersburgh, in the space of two months, at furthest, from the day of the signature.

In faith of which the respective Plenipotentiaries have caused to be made two copies thereof perfectly similar, signed with their hands, and have caused the seal of their arms to be affixed thereto. Done at St. Petersburgh, the 5th June, 1801.

tons or

(L. S.) ST. HELENS. (L. S.) N. CTE. DE PANIN. FORMULA of the Passports and Sea-Letters which are to be delivered in the respective Admiralties of the States of the Two High Contracting Parties, to the Ships and Vessels which shall sail from them, conformably to Article IV. of the present Treaty. Be it known that we have given leave and permission to Nof the city or place of N- master and conductor of the ship N-, belonging to N- of the port of N, of thereabouts, now lying in the port or harbour of Nfrom thence to N- laden with N. on account of N. the said ship shall have been visited before its departure in the usual manner by the officers appointed for that purpose; and the said N- or such other as shall be vested with powers to replace him, shall be obliged to produce in every port or harbour which he shall enter with the said vessel, to the officers of the place, the present licence, and to carry the flag of N, during his voyage. In faith of which, &c.

FIRST SEPARATE ARTICLE.

to sail

after

The pure and magnanimous intentions of his Majesty the Emperor of all the Russias having already induced him to restore the vessels and goods of British subjects, which had been sequestered in Russia, his said Majesty confirms that disposition in its whole extent; and his Britannic Majesty engages himself also to give immediate orders for taking off all sequestration laid upon the Russian, Danish, and Swedish properties, detained in English ports; and to prove still more his sincere desire to terminate amicably the differences which have arisen between Great Britain and the Northern Courts; and in order that no new incident may throw obstacles in the way of this salutary work, his Britannic Majesty binds himself to give orders to the commanders of his forces, by land and sea, that the armistice, now subsisting with the courts of Denmark and Sweden, shall be prolonged for a term of three months from the date of this day; and his Majesty the Emperor of all the Russias, guided by the same motives, undertakes, in the name of his allies, to have this armistice maintained during the said term.

This separate article shall have the same force and validity as if it were inserted word for word in the Treaty signed this day, and the Ratifications thereof shall be exchanged at the same time.

In faith of which the respective Plenipotentiaries have caused to be made two copies thereof, perfectly similar, signed with their hands, and have caused the seal of their arms to be affixed thereto. Done at St. Petersburgh, 5th June 1801.

(L. S.) ST. HELENS. (L. S.) N. CTE. DE PANIN.

SECOND

SECOND SEPARATE ARTICLE.

The differences and misunderstandings which subsisted between his Majesty the King of the United Kingdom of Great Britain and Ireland, and his Majesty the Emperor of all the Russias, being thus terminated, and the precautions taken by the present convention not giving further room to fear that they can in future disturb the harmony and good understanding which the two high contracting parties have at heart to consolidate, their said Majesties confirm anew, by the present Convention, the Treaty of Commerce of the 10th February (21) 1797, of which all the stipulations are here cited, to be maintained in their whole extent.

This separate Article shall have the same force and validity, as if it were inserted word for word in the Treaty signed this day, and the Ratifications thereof shall be exchanged at the same time.

In faith of which the respective Plenipotentiaries have caused to be made two copies thereof, perfectly similar, signed with their hands, and have caused the seal of their arms to be affixed thereto. Done at St. Petersburgh, the 5th June 1801.

(L. S.) ST. HELENS. (L. S.) N. CTE. DE PANIN.

DECLARATION.

Although the magnanimous intention of his Imperial Majesty of all the Russias to do full and entire justice to those British subjects who have suffered losses during the troubles which have disturbed the good intelligence between his empire and Great Britain, be already proved by facts, his Imperial Majesty, consulting solely his good faith, has moreover authorized the undersigned Plenipo tentiary to declare, as he does declare, by these presents:

"That all the ships, the merchandise, and the property, of Bri"tish subjects, which had been sequestrated during the last reign "in Russia, shall not only be faithfully restored to the said British "subjects, or to their agents, but also that, for the effects which 66 may have been alienated in such a manner as to render it impos"sible for them to be restored in kind, a suitable equivalent shall "be granted to the proprietors, which equivalent shall be hereafter "determined according to the rules of equity."

In faith of which we, Plenipotentiary of his Imperial Majesty of all the Russias, have signed the present Declaration, and have caused the seal of our arms to be affixed thereto.

Done at St. Petersburgh 5th June 1801.

(L. S.) N. CTE. DE PANIN.

SEPARATE ARTICLES,

Which relate to the legal proceedings in regard to Prizes, signed at Moscow, October 20, 1801.

It having been resolved, by the fifth Article of the Convention, concluded on the 17th of June 1801, between his Imperial Ma jesty of Russia and his Britannic Majesty, that both the high contracting powers should mutually agree upon certain separate Articles, for the establishment of those rules and principles which are to be followed, with a view to promote a speedy decision in respect to prizes made in the open sea, as well as with respect to the indemnification which is due to the proprietors of neutral ships and cargoes, in cases of groundless detention:-Their Majesties have, for that purpose, named and vested with full power, his Imperial Majesty of Russia, Alexander, Prince Kurakin, his Vice-Chancel

ЗА

lor,

lor, &c. and Victor Count Kotschowbey, his Actual Privy-Counsellor, &c.; and his Majesty the King of the United Kingdom of Great Britain and Ireland, Alleyne, Lord Baron St. Helens, Peer of the said United Kingdom, &c. who, by virtue of their respective full powers, have agreed upon the following Articles :

Article I. In case of a groundless detention, or other transgression of rules mutually established, there shall be paid to the owners of the ships so detained, and of their cargo, for each day's delay, a recompence in proportion to the loss sustained, reckoning according to the freight of the ship, and the quality of the cargo.

Article II. In case the Ministers of the contracting parties, or other persons accredited by them, with the Belligerent Powers, shall happen to complain of the sentence given on such prizes by the respective Courts of Admiralty, the business shall be immediately referred, by appeal in Russia, to the Directing Senate, and in Great Britain, to the King's Council.

Article III. Both sides shall carefully examine whether the regulations and provisions in the present Convention have been observed, which must be done in the speediest manner. Both contracting parties engage further to adopt the most effectual means to prevent every unnecessary delay in respect to the sentences to be pronounced in the respective tribunals, on prizes made in the open

sea.

Article IV. The effects detained shall neither be sold nor unloaded, before a final sentence, unless in the case of a really pressing necessity, shewn to the Court of Admiralty by a commission appointed for that purpose; and it shall by no means be permitted to the captors to unload of their own authority, or to carry away any thing from ships so detained.

The separate Articles, which form a part of the Convention signed on the 17th of June, in the name of their Imperial Russian and Britannic Majesties, shall have the same force and effect, as if they were word for word inserted in the said Convention.

Signed at Moscow, October 20, 1801.

PRINCE KURAKIN. ST. HELENS.
COUNT KOTSCHOWBEY.

The Act of Accession of Denmark to the foregoing Convention was signed at Moscow, the 23d of October 1801.

The Act of Accession of Sweden was signed and exchanged on the 30th of March 1802.

II. PRELIMINARY ARTICLES OF PEACE

BETWEEN HIS BRITANNIC MAJESTY AND THE FRENCH REPUBLIC, SIGNED AT LONDON (IN ENGLISH AND FRENCH), THE IST OF OCTOBER 1801; THE 9TH VINDEMIAIRE, YEAR 10, OF THE FRENCH REPUBLIC.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and the First Consul of the French Republic, in the name of the French people, being animated with an equal desire of putting an end to the calamities of a destructive war, and of reestablishing union and good understanding between the two countries, have named for this purpose ; namely, his Britannic Majesty, the Right Honourable Robert Banks Jenkinson, commonly called

Lord

Lord Hawkesbury, one of his Britannic Majesty's most Honourable Privy Council, and his principal Secretary of State for Foreign Affairs; and the First Consul of the French Republic, in the name of the French people, Citizen Lewis William Otto, Commissary for the Exchange of French Prisoners in England; who, after having duly communicated to each other their full powers, in good form, have agreed on the following Preliminary Articles :

Article I. As soon as the Preliminaries shall be signed and ratified, sincere friendship shall be re-established between his Britannic Majesty and the French Republic, by sea and by land, in all parts of the world; and in order that all hostilities may cease immediately between the two powers, and between them and their allies respectively, the necessary instructions shall be sent with the utmost dispatch to the commanders of the sea and land forces of the respective states, and each of the contracting parties engages to grant passports, and every facility requisite to accelerate the arrival, and ensure the execution of these orders. It is farther agreed, that all conquests which may have been made by either of the contracting parties from the other, or from their respective allies, subsequently to the ratification of the present Preliminaries, shalĺ be considered as of no effect, and shall be faithfully comprehended in the restitutions to be made after the ratification of the Definitive Treaty.

Article II. His Britannic Majesty shall restore to the French Republic and her Allies, namely, to his Catholic Majesty, and to the Batavian Republic, all the possessions and colonies occupied or conquered by the English forces in the course of the present war, with the exception of the Island of Trinidad, and the Dutch possessions in the island of Ceylon, of which island and possessions his Britannic Majesty reserves to himself the full and entire sovereignty.

Article III. The port of the Cape of Good Hope shall be open to the commerce and navigation of the two contracting parties, who shall enjoy therein the same advantages.

Article IV. The Island of Malta, with its dependencies, shall be evacuated by the troops of his Britannic Majesty, and restored to the order of St. John of Jerusalem. For the purpose of rendering this island completely independent of either of the two contracting parties, it shall be placed under the guarantee and protection of a third power, to be agreed upon in the Definitive Treaty.

Article V. Egypt shall be restored to the Sublime Porte, whose territories and possessions shall be preserved entire, such as they existed previously to the present war.

Article VI. The territories and possessions of her most faithful Majesty shall likewise be preserved entire.

Article VII. The French forces shall evacuate the kingdom of Naples and the Roman territory. The English forces shall in like manner evacuate Porto Ferrajo, and generally all the ports and islands which they may occupy in the Mediterranean or in the Adriatic.

Article VIII. The Republic of the Seven Islands shall be acknowledged by the French Republic.

Article IX. The evacuations, cessions, and restitutions, stipulated for by the present preliminary Articles, shall take place in Europe within one month; in the continent and seas of America and of Africa, within three months; and in the continent and seas of 3 A 2

Asia,

Asia, within six months after the ratification of the Definitive Treaty.

Article X. The prisoners made respectively shall, immediately after the exchange of the ratifications of the Definitive Treaty, all be restored, and without ransom, on paying reciprocally the debts which they may have individually contracted. Discussions having arisen respecting the payment for the maintenance of prisoners of war, the contracting powers reserve this question to be settled by the Definitive Treaty according to the law of nations, and in con formity to established usage.

Article XI. In order to prevent all causes of complaint and dispute which may arise on account of prizes which may be made at sea after the signature of the Preliminary Articles, it is reciprocally agreed, that the vessels and effects which may be taken in the British Channel and in the North Seas, after the space of twelve days, to be computed from the exchange of the ratifications of the present Preliminary Articles, shall be restored on each side; that the term shall be one month from the British Channel and the North Seas, as far as the Canary Islands inclusively, whether in the ocean, or in the Mediterranean; two months from the said Canary Islands as far as the Equator; and lastly, five months in all other parts of the world, without any exception, or any more particular descrip. tion of time or place.

Article XII. All sequestrations imposed by either of the parties on the funded property, revenues, or debts, of any description, belonging to either of the contracting powers, or to their subjects or citizens, shall be taken off immediately after the signature of the Definitive Treaty. The decision of all claims brought forward by individuals of the one country against individuals of the other for private rights, debts, property, or effects, whatsoever, which, according to received usages and the law of nations, ought to revive at the period of peace, shall be heard and decided before the competent tribunals; and in all cases prompt and ample justice shall be administered in the countries where the claims are made. It is agreed, moreover, that this article, immediately after the ratification of the Definitive Treaty, shall apply to the allies of the contracting parties, and to the individuals of the respective nations, upon the condition of a just reciprocity.

Article XIII. With respect to the fisheries on the coasts of the island of Newfoundland, and of the islands adjacent, and in the Gulf of St. Lawrence, the two parties have agreed to restore them to the same footing on which they were before the present war, reserving to themselves the power of making, in the Definitive Treaty, such arrangements as shall appear just and reciprocally useful, in order to place the fishing of the two nations on the most proper footing for the maintenance of peace.

Article XIV. In all the cases of restitution agreed upon by the present Treaty, the fortifications shall be delivered up in the state in which they may be at the time of the signature of the present Treaty, and all the works which shall have been constructed since the occupation shall remain untouched.

It is farther agreed, That, in all the cases of cession stipulated in the present Treaty, there shall be allowed to the inhabitants, of whatever condition or nation they may be, a term of three years, to be computed from the notification of the Definitive Treaty of Peace, for the purpose of disposing of their properties, acquired and pos

sessed